Specifying the basis, calculation, and amount of the concession fee paid by an energy company SK 55/22
Ref. No.SK 55/22
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 7 August 2025
The Constitutional Tribunal, composed of:
Stanisław Piotrowicz – Presiding Judge
Bogdan Święczkowski – Judge Rapporteur
Jarosław Wyrembak,
Recording Clerk – Grażyna Szałygo,
having considered, at the hearing on 7 August 2025 – in the presence of the complainant – the constitutional complaint of […] (a limited liability company under Polish law), lodged with the Constitutional Tribunal for it to assess the conformity of:
§ 1(1) in conjunction with § 2 and § 1(2) of the Council of Ministers’ Regulation of 5 May 1998 on the amounts of annual fees paid by licensed energy companies and the method of collecting the fees by the President of the Energy Regulatory Office (Journal of Laws – Dz. U. No. 60, item 387, as amended), in conjunction with the Annex to the said Regulation, with Article 31(3) and Article 64(1) and (3) as well as Article 217 in conjunction with Article 21(1) of the Constitution,
adjudicates as follows:
§ 1(1) in conjunction with § 2 and § 1(2) of the Council of Ministers’ Regulation of 5 May 1998 on the amounts of annual fees paid by licensed energy companies and the method of collecting the fees by the President of the Energy Regulatory Office (Journal of Laws – Dz. U. No. 60, item 387, as amended), in conjunction with the Annex to the said Regulation, are inconsistent with Article 64(3) in conjunction with Article 217 of the Constitution of the Republic of Poland.
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was unanimous.
Stanisław Piotrowicz
Bogdan Święczkowski
Jarosław Wyrembak